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I bet he interprets the 1A a lot different than the 2A...
It was bugging me so I looked it up. I merged MA law with federal. MA has the sunset, the feds do not. And it is 2 years with state convictions, one with federal court convictions. The feds also don't make any distinctions between misdemeanor and felony. That is MA who does. Sorry. There are so many variations of this cap I can't keep them straight.
Actually, the feds DO make a distinction- especially WRT the Lautenberg amendment. A misdemeanor of domestic violence is also a DQ. EG, if your wife slaps you in the face, an overzealous LEO notices it in a mandatory DV state, she is up the creek... awhile ago (years?) the NRA was making noise about this, about how Lautenberg is way too broad in this manner, and that people who aren't a typical abuser can get caught up by the law. They highlighted a case where a husband/wife spat resulted in LEOs being called, and when the LEOs came it was discovered that she had like ripped the pocket of her husbands pants or some crap like that... neither one wanted to press charges, but the LEOs had to charge her under a mandatory DV statute. (I think it was VA, or one of those states where the system essentially forces prosecution on anything that looks like DV). She got convicted, served no time, and is now a prohibited person because she tore someone's pants...
There is one issue here that bothers me. Please see the following quote:
"The categories include a person indicted of a crime punishable by up to a year in jail..."
"Punishable by" and "indicted" seem like dubious distinctions. Maximum peanalties are usually extremely harsh compared to the offense and are applied for misdemeanors only in very rare circumstances. Today, someone has to be found guilty of a misdemeanor punishable by two years or more in order to be disqualified for life. It seems that there are two new stipulations with this bill. The penalty has been reduced from two years to one, and the violator only has to be "indicted" to be disqualified.
So, to use a silly example, if someone steals a hubcap where they are 18 and the police decide to make an example of them and file charges, even if they aren't found guilty, they can be disqualified for life. Am I reading this correctly?
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